Legal Opinion

Murphy v. City of Meridian

Mississippi Supreme Court

Decided October 15, 1912PublishedCited by 11 opinions

Appeal from the chancery court of Lauderdale county. Hon. Sam M. Whitman, Chancellor. Bill by Mrs. M. J. Murphey against the city of Meridian. From a decree dismissing the bill, plaintiff appeals.

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Appeal from the chancery court of Lauderdale county. Hon. Sam M. Whitman, Chancellor. Bill by Mrs. M. J. Murphey against the city of Meridian. From a decree dismissing the bill, plaintiff appeals. The appellant brought suit in the chancery court for the purpose of righting certain alleged wrongs and adjusting certain alleged damages set up in her bill of complaint against the city of Meridian, growing out of the laying of a pavement on the street in front of her residence, whereby the grade was changed, leaving appellant’s residence below the grade of the street and sidewalk. The bill prays…

1Opinion of the CourtCook, J.

This suit was begun in the chancery court. From an inspection of the bill of complaint it appears that the circuit court has exclusive jurisdiction of the cause, and the chancery court was right in so holding. However, the cause should not have been dismissed, but should have been transferred to the circuit court. The section of the Constitution applicable here is as follows: “Sec. 162. All causes that may be brought in the chancery court whereof the circuit court has exclusive jurisdiction shall be transferred to the circuit court.”

Section 161 applies to causes whereof the circuit and…

2Cited by11 opinions

  1. Tillotson v. AndersMississippi Supreme Court · 1989
  2. Griffin v. Maryland Cas. Co.Mississippi Supreme Court · 1952
  3. Baker v. Mississippi State Highway CommissionMississippi Supreme Court · 1948
  4. Robertson v. F. Goodman Dry Goods Co.Mississippi Supreme Court · 1917
  5. W. Horace Williams Co. v. Federal Credit Co.Mississippi Supreme Court · 1945

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